RAJIV @ RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 28th October, 1990 on the Jhajjar, Rohtak Highway, a truck was robbed at 1.00 a.m in the night. Rs. 86,000/- kept under the seat of the truck were taken away by the robbers. An FIR was lodged at about 5.45 a.m. The truck was said to have been stopped by a Maruti Car which overtook it and blocked its way. The appellants were said to have taken the cash and robbed the complainants.

(2.) In the FIR, there was no description given by any of the complainant(s) about any of the appellants. No description was given in any of the statement recorded under Section 161 Cr.P.C., 1973

(3.) After nine months, on 9th July, 1991, the fourth accused (Daya Chand) was arrested by the Delhi Police in connection with some other offence. He said to have disclosed the names of appellant No. 1 (Rajiv @ Raju), and appellant no. 2 (Suneet) and accused (Kadam Singh). On 11.7.1991, Delhi police claimed to have recorded the confession of the second appellant, which is produced in Court as Exhibit-'PBB'. In that confession, statement of second appellant has been recorded to the effect that the said appellant robbed Rs. 4000/- and spent it. For reasons best known, another confession was recorded on 12.7.1991 by the Haryana Police i.e. Exhibit-"PN" . A statement by the same appellant has been recorded to the effect that the said Rs. 4000/- have been kept by him in an almirah in the house of appellant No. 1, from where it has been shown to have been eventually recovered. The trial court convicted the appellants and the High Court upheld the conviction of appellant No. 1(Rajiv @ Raju), and appellant No. 2 (Suneet) and accused No. 4 (Daya Chand). Accused no. 3 (Kadam Singh) and accused no. 5 (Jai Bhagwan) were acquitted by the trial court. The conviction of accused no. 4 (Daya Chand) was maintained by this court by dismissal of special leave petition preferred by him. Appellant no. 1 (Rajiv @ Raju) and appellant No. 2 (Suneet) have preferred these appeals against the sentence of two years each imposed by the High Court under Section 394 read with 34 of the Indian Penal Code.